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Monday, October 8, 2012

Punchbowl Home Foreclosed for Failure to Connect to City’s Sewer System

The city and county of Honolulu has decided to foreclose on a home in Punchbowl for failure to connect to the city’s sewer system after nine years of notices and legal battles.  Sunny Lee, the 93-owner, and her daughter Monica have been fighting the city in court and argue that Sunny has a legal right to use an underground sewer line that goes through their neighbor’s property.  The city maintains that Sunny Lee is in violation of state and city laws and have incurred hundred of thousands of dollars in penalties.
Lee purchased the home in 1957 and had her sewer line connect through a line that ran through Melvin and Mildred Bender’s property, her next door neighbor.  The Benders did not know about the line until is started to leak in 2000.  The Benders then filed a lawsuit saying that Lee did not have an easement or legal right to use the line.  Lee lost the lawsuit and the sewer line was shut off.  Lee then filed an appeal with the Hawaii Supreme Court in 2006 which was rejected unanimously and affirmed that Lee did not have a legal right to the line.  The state Department of Health started sending notices to Lee in 2003 and filed a lawsuit in 2008 stating that Lee owed over $170,000 in penalties.  Health inspectors showed that high levels of bacteria were found in waste water flowing to a neighbor’s property.
A Circuit Court Judge ruled in favor of the state and noted that Lee must hire a licensed engineer and contractor to connect her home to the city sewer system.  Lee was required to pay $25,000 in past violations and $150 per day until it was connected starting from 2005.  Lee refused and the city filed for foreclosure in 2007.  In August 2012 a judge ruled that the city was allowed to foreclose of the property.
This is a relatively unusual case as the city rarely has to file for foreclosure due to a lack of sewer line connection.
Source: Honolulu Star Advertiser, 10-8-2012, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, Realtor®
Global Executive Realty, LLC
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